According to the busiest criminal defense lawyers in Houston, family or domestic violence cases are becoming complex day by day. The legal statutes governing family violence cases across the globe are also getting strict to cope with the complexity of the cases. This type of abuse is a serious issue in the society. Here’s how you can get justice if you are a victim of the abuse from Texas.
Reporting the Assault
A domestic violence case can entail one partner body slamming, punching, kicking or slapping the other. In this context, if the victim sustained injuries or got bruises from the assault, he or she has a valid case. At times, one spouse can make a false assault claim to get his wife or her husband arrested after a nasty argument. Such an attempt may lead to criminal prosecution to the party that made the false accusations.
If you are a victim of domestic assault, report the matter to the nearest police department. The police officer will only arrest the accused if the officer is certain that an assault occurred. Any assault that leads to bodily injury falls under Class A misdemeanor according to Texas law. The law also states that there are special consequences for those found guilty of committing a family violence crime.
How Juries Handle These Cases
Once the jury indicts the accused for a felony, he or she shouldn’t own a firearm as the Federal law states. Felony, in this case, also encompasses crimes such as domestic violence. The Texas law points out that you don’t have to be a legally wedded spouse for the jury to indict you with the felony. The court will charge you with the crime whether you’re dating the victim or you assaulted anyone living in your house.
Assault Definitions & Texas Law
According to Section 22.01 of the Texas Penal Code, an assault can occur when a person causes physical contact knowing that the other party will consider it as provocative or offensive. Any non-bodily injury from the physical contact falls under Class C misdemeanor. The Texas law also defines an assault as imminent bodily injury caused by a spouse. One is guilty of the crime if one recklessly, knowingly or intentionally caused bodily injury to his or her spouse.
Do’s and Don’ts
You should never assault anyone in your community or household. You should also not put your spouse in a position that will make him or her to press false assault charges against you. If your relationship or marriage is unstable, you can either call it off or seek profession counseling. Besides causing bodily injury, domestic violence may lead to death and the accused may be guilty of capital murder charges.
In the event of a false accusation, vividly talk to the police officer about everything that transpired. State your reasons why you believe your partner falsely accused you. Always avoid people who threaten to get you arrested for no good reasons. Take extra caution in separation or divorce situations by having a witness in case the estranged partner confronts or assaults you.